BILL NUMBER: SB 134	CHAPTERED  09/16/99

	CHAPTER   416
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JUNE 14, 1999
	AMENDED IN SENATE   FEBRUARY 16, 1999

INTRODUCED BY   Senator Kelley

                        DECEMBER 23, 1998

   An act to amend Sections 402 and 12174 of the Government Code,
relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 134, Kelley.  State government.
   (1) Existing law provides that any person who maliciously or for
commercial purposes uses or allows to be used any reproduction or
facsimile of the Great Seal of the State in any manner whatsoever is
guilty of a misdemeanor.
   This bill would  authorize the Golden Museum Store located in
Sacramento and the Capitol Bookstore and Gift Shop located in the
rotunda of the restored State Capitol Building, to use the Great Seal
of the State for commercial purposes.
   (2) Existing law requires the Secretary of State to administer,
protect, develop, and interpret the Secretary of State and State
Archives Building Complex for the use, education, and enjoyment of
the public and authorizes the Secretary of State to enter into an
operating agreement with a private, nonprofit, tax-exempt
organization, currently known as the California Archives Foundation,
as a public-private partnership, for the purpose of developing,
administering, interpreting, and managing the State Archives Museum
and related public services and for the purpose of acquiring and
managing the funding for these programs and services.
   Existing law also requires the Board of Trustees of the California
Archives Foundation to submit an audit report to the Secretary of
State annually, with copies to the Director of Finance and the Chairs
of the Joint Legislative Audit Committee and the Joint Legislative
Budget Committee, and requires an annual foundation business plan,
and any proposed formal amendments to the plan, to be submitted to
the Director of Finance and the Chair of the Joint Legislative Budget
Committee by specified dates.
   This bill would revise and recast these provisions to replace the
California Archives Foundation with the Golden State Museum Public
Benefit Corporation and would authorize the Secretary of State to
designate any Assistant Secretary of State to serve on the board of
trustees of the corporation.  The bill would also require the
corporation to operate the Golden State Museum under an operating
agreement with the Secretary of State, delete the provisions relating
to the public-private partnership of the California Archives
Foundation and the State Archives, and authorize the corporation to
support the programs and operations of the State Archives.
   The bill would also make technical and conforming changes to these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 402 of the Government Code is amended to read:

   402.  (a) Every person who maliciously or for commercial purposes
uses or allows to be used any reproduction or facsimile of the Great
Seal of the State in any manner whatsoever is guilty of a
misdemeanor.
   (b) Notwithstanding subdivision (a), the Great Seal of the State
may be used for commercial purposes by the Golden State Museum Store
located at 1020 O Street in Sacramento, and by the Capitol Bookstore
and Gift Shop located in the rotunda of the restored State Capitol
Building.
   (c) Notwithstanding subdivision (a), the California
Sesquicentennial Commission may enter into an agreement to use the
Great Seal of the State for officially sanctioned products of the
California Sesquicentennial celebration as approved by the
commission.  The funds received from these sales shall revert to the
California Sesquicentennial Foundation and be used only for official
Sesquicentennial celebration purposes.
  SEC. 2.  Section 12174 of the Government Code is amended to read:
   12174.  (a) The Secretary of State shall administer, protect,
develop, and interpret the Secretary of State and State Archives
Building Complex located in Sacramento in the area bounded by 10th,
11th, O, and P Streets as authorized by Section 12235 for the use,
education, and enjoyment of the public.
   (b) The Secretary of State may enter into an operating agreement
with the Golden State Museum Public Benefit Corporation (GSMPBC),
formerly known as the California Archives Foundation, an existing
California nonprofit public benefit corporation, tax exempt under
Section 501(c)(3) of the United States Internal Revenue Code.  Under
the operating agreement with the Secretary of State (including the
State Archives), the GSMPBC shall operate the Golden State Museum
(the museum), including development, administration, interpretation,
and management of the museum and related public services, and
acquiring and managing funding for the museum's programs and
services.  Secondarily, the GSMPBC may support the programs and
operations of the State Archives.
   (c) Employees, volunteers, docents, members, or others working
with or for the nonprofit tax-exempt organization described in
subdivision (b) for purposes consistent with the mission of the
organization shall be considered volunteers under Sections 3118 and
3119 of this code and Section 3363.5 of the Labor Code.
   (d) The Board of Trustees of the GSMPBC shall include the
Secretary of State or any Assistant Secretary of State designated by
the Secretary of State and the Chairperson of the California Heritage
Preservation Commission as ex officio voting members of the board.
The Board of Trustees of the GSMPBC shall be the governing authority
for operations funded through moneys received by the GSMPBC.  The
Board of Trustees of the GSMPBC shall submit an audit report annually
to the Secretary of State.  The board shall submit copies of annual
audit reports to the Director of Finance, the Chair of the Joint
Legislative Audit Committee, and the Chair of the Joint Legislative
Budget Committee.  No funds raised or assets acquired by the GSMPBC
shall be used for purposes inconsistent with support of the Golden
State Museum and the State Archives.
   (e) No later than January 10 of each year, the GSMPBC shall submit
the GSMPBC business plan for the following fiscal year to the
Director of Finance and the Chair of the Joint Legislative Budget
Committee for review and comment.  The Executive Director of the
GSMPBC shall also submit, not less than 30 days prior to adoption by
the GSMPBC's Board of Trustees, any proposed formal amendments to the
GSMPBC business plan to the Director of Finance and the Chair of the
Joint Legislative Budget Committee for review and comment.
   (f) Fees charged to members of the public for copying,
reproduction, and other services provided by the State Archives shall
be at a level consistent with the costs of providing these services.
  The Secretary of State may establish an agreement with the GSMPBC
to provide these services and collect moneys for providing these
services.
